Browsing by Subject "Islamic law"
Now showing items 1-11 of 11
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An Analysis of the Islamic Law Based Developments in the South African Law of Succession
(2020)South Africa is a secular state with a constitution that guarantees the right to freedom of religion and the right not be discriminated against on religious basis. Over three quarter of a million Muslims live in South ... -
An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession
(Sabinet, 2020)There are 35 verses in Al Quraan that refer to succession. A daughter always inherits half the share of a son in terms of the Islamic law of intestate succession. (See Khan The Noble Qur’an – English Translation of the ... -
An analysis of the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession : a South African case study
(Obiter, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study
(Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ... -
An Analysis of the Right of Muslim Adopted Children to Inherit from their Deceased Parents in terms of the Law of Succession: A South African Case Study
(Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ... -
The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
(Juta Law, 1998)Introduction: All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality ... -
Islamic kafalah as an alternative care option for children deprived of a family environment
(Juta Law, 2014)The inclusion of kafalah of Islamic law in the United Nations Convention on the Rights of the Child is the first time an exclusively Islamic concept is recognised in a binding international instrument. The drafting of CRC ... -
The Islamic Law of Marriage and Inheritance in Kenya
(Cambridge University, 2021)Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. ... -
Kenya Kenyan Kadhis’ courts and their application of the Islamic law of divorce and distribution of property at the dissolution of marriage
(Cambridge University Press, 2021)Kenya does not have a State religion. Muslims are estimated to constitute than 10% of the Kenyan population. The ‘Kenyan Islamic practice … is predominantly Sunni with a Shafi intellectual tradition.’ However, there are ... -
Muslim Personal Law - to be or not to be?
(Juta Law, 1995)Introduction: The first Muslims had arrived at the Cape from the Dutch colonies in the East Indies (now Indonesia) and the coastal regions of Southern India from anywhere around 1652-1658. Despite having been granted the ... -
An overview of post-divorce support for muslim children in the context of South African Law, Islamic Law and the proposed 2010 Muslim Marriages Bill
(International Assossiation of IT Laywers, 2012)After 350 years of non-recognition, and following a protracted procedure, Muslim religious marriages and divorces are currently in the process of being directly and formally recognised in terms of South African law. A ...